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Another Subpoena

May 14, 2018

Liberty Counsel filed an objection to a staggering subpoena from Lambda Legal Defense and Education Fund (Lambda Legal), which represents the Human Rights Campaign and other plaintiffs in the case of Karnoski v. Trump. The objection to the subpoena was filed by Liberty Counsel on its behalf and on behalf of the Family Research Council (FRC), which also received the subpoena. The subpoena seeks information from Liberty Counsel and FRC which violates the First Amendment, the federal Religious Freedom Restoration Act and civil procedure rules. Liberty Counsel and FRC have a fundamental First Amendment right to petition the government, to associate with like-minded individuals and organizations, and to engage in protected speech to advocate for their respective missions.

This subpoena in Karnoski v. Trump, requested by very aggressive LGBT activists, demands not only the information regarding the “transgender” policy for military service but wants all communications and documents regarding all public policies regarding “transgender” people, including medical treatment and anything referring to “transgender” people in general. This includes every document, conversation, note, thought and everything else concerning anything to do with “transgender” people on every topic and/or issue in government policy. That demand is clearly unrelated to the lawsuit that is challenging only the transgender military policy and is astoundingly broad. It also includes every single document, email, and communication between Liberty Counsel, FRC and the following: President Donald Trump, his office, Vice President Mike Pence, or his office, and any employee of the Department of Defense, which is the largest employer in the government and includes about 1.3 million active-duty soldiers.

This case is retaliation for military policy with which these individuals and groups disagree. LGBT activists are abusing subpoena power to deliberately harass pro-faith and pro-family groups like Liberty Counsel and FRC that are not in any way related to the lawsuit.